Ask Experts Questions for FREE Help !
Ask
    noneya123's Avatar
    noneya123 Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 26, 2012, 05:14 AM
    Name not on house deed
    I've been married for 27 yrs. 15 yrs ago my husband and I bought a house in GA but I didn't have my name listed on the title. Should I have this changed or am I entitled to house if we divorce or he dies?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Apr 26, 2012, 05:44 AM
    You can't have it changed, but he can add your name (assuming any lender doesn't object).
    There are no guarantees about divorce, and GA isn't a community property state.
    What happens if he dies depends on his will, and upon state law if no will.
    It is in your interest to be on the deed, and it's easy for him to just go down to city hall, no lawyer needed, with wording that indicates right of survivorship, which they will know. It might be tenants in common or joint tenants in common.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Apr 26, 2012, 05:50 AM
    It's tenants in common, not joint tenants in common, which would mean that either one of you wants other heirs to get the house. Which you might want. If so, see a lawyer for a small fee. For instance, what if you are both in an accident and one of you dies a week later than the other, yet you wanted your half to go to someone not at all connected to him? You should both have wills.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Apr 26, 2012, 05:53 AM
    At divorce it is unsure how the judge and court will view it, so yes you need your name on the deed. At his death, if still married, it will go according to his will ( if any) or to his estate if not.

    So yes he needs to add you to deed so that at his death the house passes to you. And at divorce you have 1/2 interest in the home.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Apr 26, 2012, 07:12 AM
    Quote Originally Posted by joypulv View Post
    ... and it's easy for him to just go down to city hall, no lawyer needed, with wording that indicates right of survivorship, which they will know. ...
    Do clerks at Georgia town halls practice law? They shouldn't. OP's husband should have an attorney prepare the deed.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Can one person on the house deed kick the other person out that is also on the deed? [ 2 Answers ]

If a married couple are both on the deed to their home and both are living in the home, can one kick the other out of the home?

Deed to house [ 1 Answers ]

Where can I go to find the deed to my house if it was lost

House Deed [ 4 Answers ]

My deed to my house is only in my husband's name. How do I go about getting my name added? I live in South Carolina.


View more questions Search